If you have been injured in Brooklyn, you may be wondering about the basics of personal injury law in Brooklyn and the rest of New York City. Do you have a case, and can you pursue damages and civil legal action against the responsible party?
In this article, we will look at some of the basic details related to personal injury law in Brooklyn, and explain some of the basic concepts of personal injury lawsuits.
What Is A Personal Injury? What Types Of Injuries Count?
A personal injury is any type of injury – emotional, psychological, or physical – that is either caused by negligent or intentionally wrongful actions on the part of another party.
Under the law, those who are responsible for inflicting this kind of harm can be held financially liable for losses and expenses on the part of their victims.
There are many different types of personal injuries that can be pursued by personal injury law in Brooklyn. Among others, these include:
Car and truck accidents
Accidents involving commercial vehicles
Bicycle and motorcycle accidents
Premises liability claims
Slip and falls
Dog bites and animal attacks
Defective consumer goods and equipment
If you have been a victim of any of these personal injuries, you may be able to get compensation for your pain, suffering, expenses, and medical bills.
The 4 Elements Of A Successful Personal Injury Case
To pursue a personal injury successfully, there must typically be four elements present, and provable by the plaintiff (the person pursuing the case).
The responsible party (defendant) owed a duty of care to the plaintiff – Essentially, this simply means that the defendant had a duty to act responsibly, and avoid injuring others. As an example, consider a driver. Every driver has the responsibility to operate their motor vehicles correctly, and avoid accidents.
This duty of care was breached by the responsible party – The defendant must have breached their duty of care. For example, if a driver falls asleep at the wheel, they have breached their “duty of care” – which is to ensure that they drive safely and responsibly without putting others at risk.
The defendant’s action was the primary cause of the injury, and the cause of harm was foreseeable – Using our above example, a driver who falls asleep at the wheel and causes an accident was both the primary cause of an injury, and could have foreseen the cause of harm.
Any reasonable person would know that falling asleep at the wheel would result in a dangerous situation.
Both of these elements must be present. Let’s take a different example. If a driver’s tire blows out while they’re driving, and they lose control of their car or hit your vehicle when trying to deal with this emergency situation, they may have been the primary cause of the injury.
However, they may not have been able to foresee – or prevent – harm, especially if the accident was due to a manufacturer’s defect, and they reacted properly to try to minimize harm to others, as any reasonable person would.
The plaintiff suffered real losses, damages, and expenses as a direct result of their injuries – Finally, it must be proven that the plaintiff in a personal injury suit experienced harm, losses, damages, and expenses due to their injury.
Using our car crash example, these damages could include damage to property, lost wages, medical bills, pain and suffering, permanent or temporary disability, and more. These losses and damages must be documented and estimated accurately.
Know What Your Options Are For Personal Injury Lawsuits In Brooklyn
Hopefully, this guide has helped you understand what your legal options are for personal injury lawsuits in Brooklyn. For more information, find a personal injury lawyer in Brooklyn specialized in personal injury cases, and get a consultation to learn more about the legal actions you can pursue.
Published by Samantha Brown